AMPHITHEATER
PUBLIC SCHOOLS
Tucson,
Arizona
MINUTES OF
REGULAR PUBLIC MEETING OF THE GOVERNING BOARD
Place, Date and Time
of Meeting
Wetmore Center, 701 West Wetmore Road, April 9, 2002, 5:15
p.m.
Board Members Present
Dr. Kenneth Smith,
President
Mary Schuh, Vice President/Clerk
Dr. Kent Barrabee, Member
Mike Prout, Member
Nancy Young Wright, Member
Central
Administrators Present
Dr. Vicki M.
Balentine, Superintendent
Dr. Richard Hooley,
Associate Superintendent
Todd A. Jaeger, J.D.,
Associate to Superintendent and General Counsel
Constance Cigliana,
Director of Finance
OPENING OF MEETING
Call to Order
and Signing of Visitors Register
Dr. Kenneth Smith called the meeting to order.
EXECUTIVE SESSION
1. Motion to Recess Open Meeting and Hold an Executive
Session
Dr. Smith announced that the Board would recess open meeting and hold an executive session for:
A. Discussion and Consultation with Representatives of the Governing Board Regarding Negotiations with Employee Organizations Regarding Salaries, Salary Schedules, or Compensation, Pursuant to A.R.S. §38-431.03(A)(5), Regarding Certificated and Classified Employee Negotiations for 2002-2003 Contract Year.
B. Discussion and Consultation with Legal Counsel in Order to Obtain Legal Advice and to Consider the District’s Position and Instruct Legal Counsel Regarding Litigation Filed by Katie Frey, Ph.D., Pursuant to A.R.S. §38-431.03(A)(3) and (4).
A motion was made by Mrs. Schuh, seconded by Ms. Young Wright and passed unanimously, that the Board recess into executive session. The time was 5:16 p.m.
Board/Administration
Dinner Served by Canyon del Oro High School Advanced Culinary Arts Following the conclusion of
executive session at 6:25 p.m., the Board convened into open session. Dinner was served by the Canyon del Oro High
School Advanced Culinary Arts Class.
Signing of Visitors Register
Dr. Smith asked
members of the audience to sign the visitors register (7:17 p.m.). Procedures for addressing the Board were
described.
Interim Principal Jim Fogltance recognized Amphitheater High School student leaders Shawn Moore, Jonathan Katz, Leo Montilla, Jonathan Jensen, Michael Thompson, and Zoe Anderson. They led the Pledge of Allegiance to the Flag and were presented with certificates of commendation.
PUBLIC COMMENT
The following persons addressed the Board, requesting that Copper Creek Elementary School be part of the pilot program for extended-day kindergarten: Mary Reed, Beatriz Bravo, Karen Bohne, Cathy Solverson. Sally Secrist spoke in support of the “Hot Spots” program being offered to the District.
2. Announcement of Date and Place of Next
Regular Governing Board Meeting
Dr. Smith announced the next regular meeting of the
Governing Board: Tuesday, April 23,
2002, approximately 7:00 p.m., at Wetmore Center, 701 West Wetmore.
3. Periodic Legislative Review/Career Ladder
Legislative Information Video
Dr. Smith provided a brief update on legislative issues, noting that Legislative Updates are on the District’s web site: amphi.com. Dr. Smith announced town meetings being held by state legislators.
Dr. Balentine noted concerns about funding for education and the need to continually enhance communication with employees and community members regarding the need to contact legislators. Two short videos had been developed, one related to serious efforts being made by the legislature to cut districts’ Career Ladder funding; the other, a broader legislative information video – both designed to educate staff and parents in the community as to the importance of maintaining their knowledge of bills in the legislature as well as contacting legislators directly with their opinions on what should be done.
The videos, developed by communications advisors Nancy Montoya and Kurt Ijams, were presented. Dr. Balentine reported that in an exploratory mode, individual copies were being produced for schools and departments, for availability at staff meetings and perhaps in school lounges for staff to view. The situation will be assessed to determine if this is workable. The videos will also be shared with PTO’s.
Mr. Ijams and Ms. Montoya were commended for the excellent
productions. The Career Ladder video
will be shown to the Pima County School Board/Superintendent Collaborative on
April 15, and both videos placed on Channel 58.
4. Study of Vocational and Technological
Education in the District
Patrick
Nelson, Peggie Thomas, José Bernal, and Gail Toal presented an overview of
career and technological education in Amphitheater District, focusing on one
program at each high school that was provided priority funding this school year
from the Carl Perkins Grant.
Mr. Nelson,
Executive Director for Curriculum/Instruction, presented an overview of
vocational education in Amphitheater District.
The purpose of the program is to provide enriching opportunities in the
career and technical education field, to provide appropriate work experience
for students, and most importantly, to prepare students academically for either
increased education or immediate career.
He reviewed the certification/endorsement requirements for vocational
teachers, noting the increasing inability to hire qualified teachers. He reviewed areas continually being
addressed.
Mr. Nelson
noted that both state and federal funding is received for programs. The main funding source, the Carl Perkins
Act, encourages targeted program assistance.
The District chooses programs each year as the recipients of a large
part of that funding. This year the
programs are: Early Childhood Education
at Canyon del Oro High School; Agriculture at Amphitheater High School; and
Administrative Information Services at Ironwood Ridge High School. Mr. Nelson stated that in the future,
probably the two largest challenges are going to be increased accountability
through program evaluation, and secondarily, changing of funding
guidelines.
Ms. Thomas,
CDO; Mr. Bernal, AHS; and Ms. Toal, IRHS, reviewed their respective programs.
Discussion included cooperative programs with Pima Community College and work-experience programs. Dr. Smith noted the moratorium on the formation of Joint Technological Districts, and stated that the District will continue working toward that end, so as to be ready when the moratorium is lifted. The end of university vocational education departments, resulting in a dearth of teachers in these areas, was noted.
CONSENT AGENDA
Mrs. Schuh moved approval of consent agenda items A through
H, and J through N, with the removal of items I and O for separate
discussion. The motion was seconded by
Ms. Young Wright and passed unanimously.
Appointment of personnel is effective, provided all district, state and
federal requirements are met.
I. Approval of Bid Award #01-063 for Security
Fencing:
Mrs.
Schuh questioned why District fences have placards giving the name of the
fencing company, which could give the perception of endorsement for the
firm. Mr. Jaeger responded that the
placement of the signs was not a requirement under the specifications, and
these could be removed.
O. Payment of Arbitrage Rebate to the Internal Revenue Service in Connection with Interest Earned on the 1994 Series “C” Bonds Issued in 1997:
Ms.
Cigliana responded to Mrs. Schuh’s request for clarification of the meaning of
arbitrage.
Mrs. Schuh moved approval of items I and O. The motion was seconded by Ms. Young Wright and passed unanimously, 5-0.
A. Approval of
Minutes of Previous Meeting
Minutes of the March
26, 2002 Governing Board meeting were approved.
B. Appointment of
Personnel
Certified and
classified personnel were appointed, as listed in Exhibit 1.
C. Personnel
Changes
Certified and
classified personnel changes were approved, as listed in Exhibit 2.
D. Leave(s) of
Absence
Leave of absence
requests were approved for certified and classified personnel, as listed in
Exhibit 3.
E. Separation(s) and
Termination(s)
Certified and
classified personnel separations were approved, as listed in Exhibit 4.
F. Approval of Request for Waiver of Graduation
Requirement
The Board approved a
request for waiver of a graduation requirement, 1.5 physical education credits,
for student No. 28106763, Amphitheater High School.
G. Exception to Board Policy BGB to Allow for
Revision of Policy on First Reading; Approval of Draft Revision to District
Policy JJH Regarding Student Travel
Board Book Information: On February 26, 2002, the Governing Board
adopted revisions to Policy JJH, which relate to student travel. Among other things, the revisions adopted
provide that students must be passing all courses or subject areas when travel
occurs and that, when students are not permitted to travel due to failing
status, all travel fees paid directly to the school by the student shall be refunded. Several school administrators have expressed
substantial concern about the refund requirement and the impact that will have
upon the schools. Concern has centered
upon the fact that schools may already be financially responsible to a vendor
when a student’s failing status is determined.
The requirement that a school refund fees to a student at a point when
the school may not be able to get a refund from the vendor would create a
financial hardship for the school and/or the District.
Moreover, a student’s responsibility and effort to maintain good grades may be undermined by the provision, which gives students the “fallback” position of knowing that they will always get their money back. The student’s incentive to succeed must be consistently emphasized, we suggest, by placing the financial responsibility for failure on the persons who are best able to control what the grade is: the student and his or her family. Accordingly, a revision to delete the refund provision was developed. This agenda item is presented for approval of the single deletion, which the administration recommends.
The Board approved
the recommendation of the administration.
H. Approval of Intergovernmental Agreement with
the Arizona State Schools for the Deaf and the Blind to Provide Services to
Students Within the Amphitheater District
Board
Book Information: The Southeast
Regional Cooperative is an association of local school districts and the
Arizona School for the Deaf and the Blind.
Through the educational partnerships established by the Cooperative,
services can be provided to students in a cost-effective manner.
As a school district participating in the Cooperative, Amphitheater Public
Schools is able to provide specialized services to students with sensory
impairments at a much-reduced cost than might normally be experienced. Services provided to students through the
Cooperative include assistance with identification of sensory-impaired
students; evaluation of the educational implications of the sensory impairment;
specialized instruction and related services; specialized curriculum and
equipment; technical assistance to support the regular education program; and
program and staff development.
The
current Intergovernmental Agreement will expire June 30, 2002. The proposed Agreement will extend the
cooperative program for an additional five years, to June 30, 2007. Either party may cancel the agreement
without penalty or further obligation by providing written notice of cancellation
to the other party.
The
District will be responsible for special educational vouchers/tuition payments
to the Cooperative for the services provided for District students and for a
membership fee that provides our general access to Cooperative services. The ASDB shall be responsible for the
management and oversight of the Cooperative and will pay for overhead and
operational expenses. The Cooperative
saves taxpayer dollars by eliminating duplications of effort and by
consolidating and maximizing services to students having special needs.
The Board approved
the Intergovernmental Agreement with the Arizona State Schools for the Deaf and
the Blind as presented.
I. Approval of Bid Award #01-063 for Security Fencing
Board Book Information: Request for Bid #01-063: The referenced Request for Bid is for wrought-iron and chain-link security fencing. The responding vendors were requested to provide prices for component fencing materials as an installed price. Vendors were also asked to provide pricing for two sample jobs, a wrought-iron and a chain-link installation, priced from the component prices offered. The successful vendor, Canyon Fence Company, Inc., will hold prices fixed through June 30, 2003. The bid may be renewed for an additional one-year period on mutual agreement of the District and Canyon Fence. Prices for the second year may increase only to reflect the rate of inflation and/or documented price increases. Annual estimated expenditure is $40,000.00.
Purpose: A
fixed-price award will allow the Facilities Support Services Department to
schedule multiple installations as required without the need to bid each
job. Fixed prices also allow for
installation to be accurately budgeted in advance.
It is the recommendation of the administration that the
Governing Board approve the award of Request for Bid 01-063 for security
fencing.
The
Board approved Bid Award #01-063 for security fencing as recommended. (See discussion above, under consent
agenda.)
J. Approval of Bid Award #01-018FS for Interior and Exterior Door Hardware
Board Book Information:
The referenced Request for
Bid is to furnish and install interior and exterior door hardware and related
items. Purpose: This project of Facilities Support Services
is a part of a building renewal program at Prince Elementary School. This project by Facilities Support Services
is part of a building renewal program at Prince Elementary School. It is the recommendation of the
administration that the Governing Board approve the award of Request for Bid
01-018FS to Tucson Rework for interior and exterior door hardware and related
items. The total award is
$122,180.96.
The Board approved
the recommendation of the administration for interior and exterior door
hardware.
K. Ratification of Sole Source Purchase Orders
2205659, 2204142, 2205658 (Upgrades to Current Software Programs) and Purchase
Order 2204812 (Instructional Material)
Board Book Information: P.O. 2205659, dated 01/31/02, Follett
Software annual renewal for 16 schools @$412.87 each, for a total of $6,605.92,
to provide technical support for Follett Software library automation products,
to include extended maintenance, online service agreement, and support.
P.O.
2204142: dated 11/26/01, CRS, Inc.
annual sub-finder license agreement, 11/01/01 to 10/31/02, 8th year
renewal, total annual cost $12,162.00.
P.O. 2205658: dated 01/31/02, Sungard Pentamation, Inc.,
for Pentamation Software upgrades to the financial database server. The server has been upgraded, requiring an
upgrade to the software used, for a total cost of $25,620.00.
P.O. 2204812,: dated
12/18/01, SRA (Science Research Associates).
SRA/McGraw-Hill is the sole source provider of the Language for Learning
program, for a total cost of $22,474.06.
The board ratified
the above sole source procurements.
L. Approval of
Out-of-State Travel
Out-of-state travel
was approved for staff (source of funding indicated): Patrick Nelson and Richard Hooley, District Office, to attend the
Northwest Evaluation Association Members Seminar on Level Testing in Oregon in
June 2002 (Title VI funds).
Out-of-state travel
was approved for students (source of funding indicated): Doug Kautz, La Cima Middle School, to take
41 Honor Roll students from La Cima Middle School to the Catalina Island Marine
Institute in April 2003 (cost of travel, tax-credit money/student
contributions; substitutes, District).
M. Acceptance of
Gifts
Donations were
accepted by the Governing Board, as listed in Exhibit 5.
N. Approval of
Vouchers
The following vouchers were approved as presented and payment authorized:
Vo.
216 $191,698.27
Vo.
217 141,174.82
Vo.
218 83,969.63
Vo.
219 117,857.00
Vo.
220 260,997.46
Vo.
221 424,756.47
Vo.
222 10,893.02
Vo.
223 355,934.84
Vo.
224 78,966.35
Vo.
225 30,951.50
Vo.
226 2,030.62
O.
Payment of Arbitrage Rebate to the Internal Revenue Service in
Connection with Interest Earned on the 1994 Series “C” Bonds Issued in 1997
Under the Internal Revenue Code,
the District is subject to arbitrage rebate payments for interest earned on the
invested bond proceeds that may be above the interest rate or coupon rate of
its tax exempt bonds and the Debt Service Fund. First Southwest Company has reviewed the Long-term Government
Investment Pool (LGIP) statements for both the $19,350,000 projects of 1994,
Series C (1997) issue of bonds and the Debt Service Fund and calculated a
preliminary amount.
The preliminary liability amount
due to the Internal Revenue Service is $105,026.83. This amount is now subject to two separate reviews by First
Southwest to verify the accuracy of the calculation, after which the final
liability will be communicated to the Finance Department. The District must pay the Internal Revenue
Service the arbitrage rebate payment by April 22, 2000.
The administration recommends the
Board authorize the payment of the final liability calculated in the invested
bond proceeds and Debt Service Fund in conjunction with the $19,350,000
projects of 1994, Series C (1997) issue of bonds.
The
Board authorized the payment as stated.
(See discussion above, under consent agenda.)
Recess
A
recess was taken from 8:48 to 9:02 p.m.
5. Approval of Revisions to Governing Board Policy BEDH Regarding Call to the Audience at Governing Board Meetings
Board book
information: This Item is presented for discussion and approval of revisions
pursuant to the Board’s review and direction of March 12, 2002.
The Governing Board has adopted policies for governance of
its public meetings that allow for participation of the public through the
means of “call to the audience.” Call
to the audience allows members of the public attending a meeting to publicly
address the Board.
There are two types of call to the audience established
under the current Board policy. The
first is “open” call to the audience, which allows speakers to address matters
within the jurisdiction of the Board which are not actually listed topics on a
meeting agenda. Open call to the
audience is presently scheduled twice during each meeting – once at the beginning
of each meeting and another at the end of each meeting, pursuant to Policy
BEDB. At its March 12, 2002 meeting,
the Board determined that no revisions were required to be made to Policy BEDB;
therefore, that policy is not included with this item.
The
second type of call to the audience established by policy is “item-specific,”
which allows speakers to address the Board regarding a specific item that is
listed on an agenda at the time the item is considered by the Board.
Policy
BEDH, relating to “Call to the Audience” at Governing Board meetings, was
reviewed by the Board at its meeting of February 26, 2002. At that time, discussion centered on a
desire to allow people wanting to discuss an time which is listed on an agenda
to address the item during open call to the audience, rather than having to
wait until the item came up for Board consideration. Revisions following that discussion are included with this
item. These revisions would allow
individuals to speak to an item that is on the agenda either during open call
to the audience prior to the item being considered, or during item-specific
call to the audience at the same time the item is considered. The revision would not allow an individual
to do both.
Additional
revisions have been made to BEDH. Time
for public comment has been revised into bullets for legibility. Specific language of A.R.S. §38-431.01(G)
regarding what Board members may and may not respond to following an open call
to the audience is also included. An
explicit statement that “Board members may only respond to comments regarding a
properly noticed item at the time the item is specifically discussed or
considered by the Board” has also been included. Two allowances for the discretion of the Board President have
been included. One permits the
President to give speaking priority to those persons who have not yet spoken to
an issue during the Board meeting. The
second permits the President to allow time for a speaker to regain his/her
composure while allowing another speaker to be recognized. Finally, the common practice of one speaker
allowing another speaker to acquire his/her three-minute speaking time has been
specifically disallowed.
This item is presented for the Board’s study and approval. The administration recommends approval of the revised policy.
Ms. Young Wright moved approval of the changes with one additional insertion in Policy BEDH, under Agenda Items, second bullet, “Alternatively, speakers may address the Board regarding agenda items during open call to the audience which precedes the agenda item”: after the word “precedes,” the insertion of “or follows the agenda item.” Ms. Young Wright stated that this would provide maximum flexibility for audience members; her intention was not to permit members of the audience to speak a number of times. The motion failed for lack of a second.
Following further discussion, Ms. Young Wright moved to change this second bulleted item to read: “Speakers may also address the Board regarding agenda items during open call to the audience.” The motion was seconded by Dr. Barrabee. In further discussion, Dr. Balentine recommended that if someone speaks during open call to the audience, whether it is on the agenda or not, that there be no Board interaction.
Ms. Young Wright moved: On page one of Policy BEDH, Agenda Items, to leave everything the same except bullet No. 2, omitting the word “Alternatively,” the sentence to read, “Speakers also may address the Board regarding agenda items during open call to the audience.” Ms. Young Wright further moved: On page 2, full paragraph 2, to strike the beginning, with the first sentence to now read, “The President of the Board shall have the discretion to limit cumulative or repetitive comment on a single subject.” The motion was seconded by Mr. Prout. In voting on the policy as modified, the motion passed unanimously, 5-0.
6. Review and Approval of Revisions to
Governing Board Policy BBA Regarding Board Powers and Responsibilities
Board book information: District Policy BBA was reviewed by the Board at its meeting on March 12, 2002. During that discussion, it became apparent that the Arizona Revised Statutes clearly set forth the Governing Board’s powers and responsibilities. Therefore, it appears that Governing Board Policy BBA is redundant and unnecessary.
At the direction
of the Board, Policy BBA has been revised.
The revision provides a general statement that the Governing Board shall
act within the course and scope of its duties as set forth in Arizona law. All other text has been deleted. The legal references for the Board’s powers
and responsibilities have remained intact.
Dr. Balentine reported
that, reflecting the Board’s desire that the focus be on the revised statutes,
the revision as presented read: “The
Board shall act within the course and scope of their duties as set forth in
Arizona.” Included were references to
A.R.S. statutes. The administration
recommended approval.
A motion was made by Dr.
Barrabee to accept the revision. The
motion was seconded by Mr. Prout and passed unanimously, 5-0.
7. Approval of Revisions to Policies DJ
Regarding Ethics, GBEA Regarding Staff Ethics, and GBEAA Regarding Staff
Conflicts of Interest
Board book information: Several District policies and
regulations address in some manner issues relating to the acceptance of gifts
by the District, its employees or the Board.
A number of these were reviewed at the Board’s meetings of February 26,
2002 and March 12, 2002. Pursuant to
those discussions, the following policies have been revised and are presented
for the Board’s approval.
Policy DJ, the District’s purchasing ethics policy,
prohibits Board members and district employees from accepting any valuable
thing or benefit which could substantially and improperly influence their
decision-making in the course of their District duties. This policy has been revised to include a
statement that it is the duty of the Governing Board members and employees to
maintain professional ethics at all times.
Additionally, a Cross Reference to Policy GBEA, Staff Ethics, has been
included.
Policy
Exhibit EF-E is the Food Services Department’s Code of Standards. Similar in nature to policy DJ, this Exhibit
sets forth specific prohibitions on those who handle school food or monies and
the potential punishment for violation of the prohibitions. This policy has been revised to include a
statement that it is the duty of the Governing Board members and employees to
maintain professional ethics at all times. Additionally, a Cross Reference to
Policy GBEA, Staff Ethics has been included.
Policy GBEA
sets forth the ethics expected of all employees, including an expectation that
actions taken by the employee not be for personal gain but for the benefit of
the District. Revisions reviewed at the
March 12, 2002 Board meeting have been supplemented with a statement that it is
the duty of the District’s employees to maintain professional ethics at all
times.
Policy GBEAA,
which specifically addresses gifts from vendors, has been revised to Cross
Reference to Policy GBEA, Staff Ethics.
Dr. Balentine stated that
the policies as presented had been changed according to Board direction at
previous meetings, and the administration recommended approval.
Mr. Prout moved to accept
the changes as presented. The motion
was seconded by Ms. Young Wright.
There was discussion of
Policy GBEA, Staff Ethics. Under
Certificated Employees, Commitment to the Student, sixth bullet, Dr. Barrabee
questioned why sexual orientation had not been included. Dr. Balentine noted that the policy had not
been specifically discussed and that the Board was welcome to make
suggestions. She said that as a
courtesy she would confer with Amphi EA President John Lewandowski to ensure
that any suggestions would be acceptable, or at least understood by District
employees. This would occur before
approval was recommended.
Dr. Smith moved adoption of the
recommendation of the administration with the following addition to Policy GBEA, under Staff
Ethics/Certificated Employees/Commitment to the Student/sixth bullet: insertion
of “sexual orientation.” The motion was
seconded by Mrs. Schuh. Dr. Balentine
and Mr. Lewandowski confirmed that they would need no additional discussion of
this matter.
The maker and seconder of the
motion accepted a friendly amendment from Dr. Barrabee: Under Commitment to the Profession, fifth bullet, to change “the unauthorized” to “an unauthorized,”
to read: “Shall not assist a
noneducator in an unauthorized practice of teaching.”
In voting, the
motion passed 4-1, with Mr. Prout voting no.
8. Review/Approval of Governing Board Policy
KCD and Its Accompanying Regulation Regarding Public Gifts/Donations to Schools
Board book information:
This Item is presented pursuant to
the Board’s Request at its March 12, 2002 meeting. Governing Board Policy KCD, and its accompanying Regulation, were
previously reviewed by the Board at its August 28, 2001 meeting. No revisions were made to KCD or KCD-R at
that meeting.
Policy
KCD details the terms and conditions applicable to the acceptance of gifts to
the District from the public. The
policy recognizes that the Governing Board has the discretion to choose whether
or not to accept an offer of a gift from the public. Once accepted, a gift becomes the property of the District, must
be maintained, and cannot be disposed of without Board approval. Gifts offered to the District are to be
reported to the Board for their review and action.
Mrs. Schuh moved to accept and
approve Governing Board Policy KCD as presented regarding public
gifts/donations to schools. Dr.
Barrabee seconded the motion. The
motion passed unanimously.
9. Approval of Governing Board Policy JJF and Its Accompanying Regulation Regarding Student Activities Funds
Board book information:
State law specifies that funds raised through the efforts of students
are “student activities funds” and must be dealt with accordingly. A.R.S. §15-1121 sets forth this definition
of student activities funds: “All
monies raised with the approval of the governing board of a school district by
the efforts of students in pursuance of or in connection with all activities of
student organizations, clubs, school plays or other student entertainment other
than funds specified in sections 15-1125 and 15-1126 are student activities
monies.”
Attached for the Board’s convenience is a description of
types of student activities funds receipts from the Uniform System of Financial
Records for Arizona School Districts (“the USFR”), issued by the Arizona
Auditor General. Among the requirements
for the control of student activities funds is the general requirement that all
such funds be deposited in the revolving student activities fund account of the
District. Further, the students must
determine how to disburse those funds and must, in fact, initiate a disbursement.
In
1984, the Attorney General ruled that funds raised through the joint efforts of
PTO’s and students were, to some degree, student activities funds and had to be
apportioned, based on each groups’ relative efforts. A copy of the Attorney General’s opinion (I84-032) is also
attached for the Board’s reference.
Principals are authorized to make this determination, being fair and
rationale in their approach. Governing
Board Policy JJF, and/or its accompanying Regulation, address all the
requirements noted above.
Governing
Board Policy JJH regarding student travel (revised February 26, 2002) also
provides that “Meals and lodging will not be paid by the District. School and/or student activity funds may be
used for this purpose if approved by the principal or designee.” This item is presented for the Board’s
consideration and discussion.
Dr. Balentine stated this was the
second review, and that no changes were recommended.
Mrs. Schuh moved to approve and
maintain Governing Board Policy JJF and its accompanying regulation regarding
student activities funds as presented.
Dr. Barrabee seconded the motion.
The motion passed unanimously.
10. Adoption of Resolution Concerning Proposed
State Board of Education Rule R7-2-1308 Regarding Unprofessional and Immoral
Conduct of Certificated Persons and Applicants for Certification
Board Book Information: On
February 26, 2002, the State Board of Education voted to adopt a proposed new
administrative rule, R7-2-1308. The
rule is intended to set required standards of professional conduct for persons
certificated by the State Board and for applicants for certification. The proposed rule also provides descriptions
of prohibited conduct for the same group of persons. Included in the proposed rule is the following language: “Individuals holding certificates issued by
the [State] Board . . . and individuals applying for certificates . . . shall
not: . . . 10. Possess, consume, or use,
or be under the influence, on school premises or at school-sponsored activities,
of alcohol, marijuana, or dangerous or narcotic drugs
. . .
without a prescription authorizing such use.”
The District follows the
federal Drug Free Workplace Act, 21 U.S.C. 812; 21 C.F.R. 1300.11 et seq., and
upholds the Drug Free School Zones authorized by A.R.S. §13-3411.
The District prohibits the use and possession of alcohol and marijuana
on school premises and does not make allowances for their use at work with a
prescription.
State law prohibits the
smoking and even the mere possession of tobacco on school grounds; indeed, a
violation of that law is classified as a criminal offense. Nonetheless, the proposed State Board rule
would appear to make it permissible (under their view) for an employee, suffering
from glaucoma, for example, to smoke marijuana at work. If in fact a certificated person has a
prescription to use marijuana for treatment of an illness, it would be a better
practice for that use to physically occur some place other than a public school.
Additionally, the
proposed rule does not appear to address the situation where a person’s use of
a drug, regardless of prescription, interferes with their ability to perform
their job functions. It gives the
inaccurate appearance that such interference would be acceptable so long as a
prescription is in place.
Notwithstanding the
state rule, the Governing Board has its own independent authority to govern the
behavior of its employees on the job.
The state rule is intended to govern when a certificated person may be
subject to discipline by the State Board.
It does not appear that its purpose is to restrict a Governing Board
from having a higher standard.
After Governing Board
members expressed concern about the proposed state rule, President Smith
requested the Board’s consideration and adoption of a resolution which would
urge the State Board to further revise the rule language. A draft resolution has been prepared:
RESOLUTION
OF THE GOVERNING BOARD
OF PIMA COUNTY, ARIZONA,
STATE BOARD OF EDUCATION RULE
R7-1-1308
WHEREAS, the Governing Board of
Amphitheater Unified School District No. 10 of Pima County, Arizona (“the
District”) is charged with providing a safe and appropriate education for the
students of the District;
WHEREAS, the future of Arizona is
dependent upon the educational opportunity available to its young people;
WHEREAS, the use of illicit drugs
presents a real and present danger to the education and lives of students
everywhere;
WHEREAS, the District strives to
educate students on the dangers of drug use through curriculum, disciplinary
rules, and special services;
WHEREAS, the public policy of the
State of Arizona supports the efforts of the Governing Board by providing for
the creation of Drug Free School Zones (A.R.S. §13-3411), the adoption of
chemical abuse prevention policies (A.R.S. §15-345), and the instruction of
students on the nature and harmful effects of alcohol and drugs (A.R.S.
§15-712);
WHEREAS, A.R.S. §13-3411 prohibits
the possession or use of marijuana and other illicit drugs on or within 300
feet of school grounds;
WHEREAS, Arizona law requires the
State Board of Education to aid in the enforcement of laws relating to schools
(A.R.S. §15-203 (A)(11));
WHEREAS, the State Board of Education has proposed rule
R7-2-1308 regarding unprofessional and immoral conduct of certificate holders
and applicants, which provides in part:
Individuals holding certificates issued by the [State] Board … and
individuals applying for certificates … shall not:
…
10. Possess, consume, or use, or
be under the influence, on school premises or at school sponsored activities,
of alcohol, marijuana, or dangerous or narcotic drugs … without a prescription
authorizing such use.
WHEREAS, this proposed rule would appear to
tacitly permit certificated personnel to possess, consume or use prohibited
substances on school premises provided such personnel have a prescription
authorizing use;
WHEREAS, this proposed rule would
wholly contravene A.R.S. §13-3411, establishing drug free school zones;
WHEREAS, the employees of a school
district serve as role models for students;
WHEREAS, students’ forming minds,
beliefs and attitudes are impressionable during their education;
WHEREAS, the conduct of adults at
school and especially the conduct of school personnel has significant impact
upon the minds, beliefs and attitudes of students;
WHEREAS, Arizona law recognizes the
impact school personnel can have upon children by, among other things,
prohibiting the use – or even mere possession – of tobacco products on a school
campus;
WHEREAS, illicit drug use is just as
or more serious that tobacco use;
WHEREAS, the Governing Board has
prescribed rules for the conduct of certificated personnel within its
employment which include the prohibition of use or possession of alcohol and
drugs at school;
WHEREAS, the proposed rule of the
State Board of Education could greatly undermine the efforts of the Governing
Board, educators and parents by appearing to condone possession and use of
alcohol and prohibited drugs at school if prescribed;
WHEREAS, the legality of using
otherwise illicit drugs based upon having a prescription is in question; and
WHEREAS, individuals with
prescriptions for use of alcohol or drugs need not engage in the use of such
substances at school but, rather, may do so elsewhere, where they are not a
risk of being observed by students;
BE IT THEREFORE RESOLVED that the Governing Board of Amphitheater Unified School
District No. 10 of Pima County, Arizona strongly objects to the current
language of proposed State Board of Education Rule R7-2-1308 and urges the
State Board of Education to adopt revised language which better comports with
the laws and public policy of the State of Arizona and which better serves the
interests of students, educators and parents.
Mr.
Jaeger elaborated on the ramifications of the proposed administrative
rule. The proposed resolution
recognizes the inconsistencies that the proposed state rule would have with
other very important areas of law, as well as the Governing Board’s local
communities’ own interests. In
discussion, Mr. Jaeger stated we are not trying to restrict legitimate use of
prescription drugs; what is at issue is marijuana and unauthorized use of
regulated drugs and narcotics. The
Americans with Disabilities Act would cover any need for accommodations where a
person is required to take a controlled substance.
Dr.
Smith moved the adoption of the resolution, and its forwarding to the State
Department of Education. The motion was
seconded by Mr. Prout. The motion
passed unanimously, 5-0. Mrs. Schuh
requested that the resolution be presented to the Pima County School
Board/Superintendent Collaborative at its April 15, 2002 meeting.
11. Determination of Governing Board Position on
Arizona School Boards Association Action Agenda Items
Board book information:
The Arizona School Boards
Association (“ASBA”) is requesting submission of Action Agenda items to be used
to establish the ASBA Legislative Agenda for the 2003 fiscal year. A deadline of April 19, 2002, is set for
submissions. Attached are three draft
proposals for ASBA agenda items: Items
1-3 submitted by the administration; item 4, submitted by Mr. Prout for
consideration.
In discussion, Dr. Smith proposed an additional item, Local Control/Governance.
Mr. Prout moved to submit the five suggested items as
written or clarified. The motion was
seconded by Ms. Young Wright. Mrs.
Schuh stated she could not vote on an item she had not read, that she would vote
for the four items submitted in the Board book, and abstain on the fifth.
In voting on the four items presented in the Board book, (1)
Elimination of Unfunded Mandates; (2) Increase School Facilities Board
Square-Footage Allocation Formulae; (3) Provide AIMS Support and Funding; and
(4) Adherence to State/Federal Statutes, the motion passed unanimously,
5-0. In voting on the item submitted by
Dr. Smith, Local Control/Governance, the motion passed, with four Board members
voting affirmatively and Mrs. Schuh abstaining.
Ms. Young Wright:
Ensure that all District policies are clear on sexual orientation.
No audience members addressed the Board.
ADJOURNMENT
A motion was made by Mrs. Schuh, seconded by Ms. Young
Wright and passed unanimously, that the meeting be adjourned. The time was 10:35 p.m.